The response would be that not all gays are pedophiles. It still wouldn't be seen as a protective measure. The Boy Scouts just don't discriminate against the CORRECT people. *sigh*
Although that's probably the response, the mere attempt to justify deviates being allowed to join would be damaged significantly by public perception, and the court would be faced with the battle of competing expert witnesses arguing the point, ad nauseum, and coming to some compromise that would be SHORT of forcing cut-off's of public funding of the Boy Scouts, I believe. (depends if it gets past the the 9th Circus Court of Appeals, which surely would be where the ACLU would bring the case to get to the 9th Circus).